Rodriguez offering only 1.5 million

[Alan Jones]

Rodriguez offers to pay portion of buyout
Mark Schlabach, ESPN.com

Former West Virginia football coach Rich Rodriguez has offered to
pay the school $1.5 million to buy out the final six years of his
contract, according to a letter of credit filed Tuesday in U.S.
District Court in Clarksburg, W.Va.

Rodriguez, who was hired as Michigan's coach on Dec. 16, filed the
letter of credit "in the spirit of compromise and as an act of good
faith to assure West Virginia University that if this Honorable
Court makes an award against Defendant, said monies will be paid,"
according to the court filing.

West Virginia has been asked for a comment, but has not responded to
ESPN.com's request.

In a joint statement released to ESPN.com, Rodriguez and his
attorneys wrote: "Coach Rodriguez is a responsible person. [The
amount of the letter of credit] is the amount owed by [Rodriguez]
under the first amendment of the Employment Agreement at the date of
his resignation. This is a good faith effort to move the process and
communication lines forward so all parties can concentrate on their
future endeavors."

WVU sued Rodriguez last month to collect on a $4 million buyout
clause in the contract he signed Aug. 24. Rodriguez's attorneys have
disputed the coach owes his former school that much. Rodriguez
claims he was pressured into signing a one-year extension at West
Virginia, and claims university president Mike Garrison promised to
lower the amount of his buyout.

Sources close to the situation said West Virginia officials and
Rodriguez's attorneys are attempting to negotiate an out-of-court
settlement to avoid going to trial.

Rodriguez's response to the lawsuit must be filed in U.S. District
Court by Monday.

In the latest court filing, Rodriguez's attorneys wrote: "The amount
of the Letter of Credit is equal to the maximum liquidated damages
provision [penalty] at the date of termination provided in the first
amendment to the original Employment Agreement. In any event, the
amount of the letter of credit exceeds the first payment that
Plaintiff claims is due."

Former Mountaineers basketball coach John Beilein, who was hired as
Michigan's coach last April, paid West Virginia $1.5 million to buy
out the final five years of his contract. The amount was $1 million
less than the penalty called for in Beilein's contract, which ran
through the 2012 season.

http://sports.espn.go.com/ncf/news/story?id=3220305

DISCUSS THIS TOPIC AT...
- http://groups.yahoo.com/group/WVU-Sports

[Alan Jones]

Rodriguez puts up $1.5 million toward buyout
Chuck Finder, Pittsburgh Post-Gazette

The legal team for former West Virginia University football coach
Rich Rodriguez said it put up a $1.5 million letter of credit today
in U.S. District Court as part of its response to the university's
month-old lawsuit seeking $4 million from him.

Mr. Rodriguez's last contract extension, from an agreement forged in
December 2006 and signed in August, called for him to pay $4 million
to the university if he took another job, with a $1.3 million first
installment due Jan. 18. When that date passed with no payment, WVU
attorneys on Jan. 20 filed a second, breach-of-contract claim with
the court in Clarksburg, W.Va. Mr. Rodriguez's legal team has said
it will claim that the university breached written and verbal
contracts with him.

In court today, Mr. Rodriguez's team said the letter of credit
constitutes what it contends is a fair representation of the total
amount due according to the summer 2006 contract extension.

"Coach Rodriguez is a responsible person. $1.5 million is the amount
owed by Coach under the first amendment of the employment agreement
at the date of his resignation," in mid-December to move on to the
University of Michigan, his legal team said in a statement. "This is
a good-faith effort to move the process and communication lines
forward so all parties can concentrate on their future endeavors."

http://www.post-gazette.com/pg/08029/853080-144.stm

DISCUSS THIS TOPIC AT...
- http://groups.yahoo.com/group/WVU-Sports

[rich hammett]

Post by Alan Jones
Rodriguez puts up $1.5 million toward buyout
Chuck Finder, Pittsburgh Post-Gazette
The legal team for former West Virginia University football coach
Rich Rodriguez said it put up a $1.5 million letter of credit today
in U.S. District Court as part of its response to the university's
month-old lawsuit seeking $4 million from him.
Mr. Rodriguez's last contract extension, from an agreement forged in
December 2006 and signed in August, called for him to pay $4 million
to the university if he took another job, with a $1.3 million first
installment due Jan. 18. When that date passed with no payment, WVU
attorneys on Jan. 20 filed a second, breach-of-contract claim with
the court in Clarksburg, W.Va. Mr. Rodriguez's legal team has said
it will claim that the university breached written and verbal
contracts with him.
In court today, Mr. Rodriguez's team said the letter of credit
constitutes what it contends is a fair representation of the total
amount due according to the summer 2006 contract extension.
"Coach Rodriguez is a responsible person. $1.5 million is the amount
owed by Coach under the first amendment of the employment agreement
at the date of his resignation," in mid-December to move on to the
University of Michigan, his legal team said in a statement. "This is
a good-faith effort to move the process and communication lines
forward so all parties can concentrate on their future endeavors."
http://www.post-gazette.com/pg/08029/853080-144.stm

I should write that letter to my bank about my mortgage. Stupid
morons trying to stick to the LETTER of my mortgage contract.

I definitely deserve a 70% discount on my mortgage like this,
and if they fight it, then their other customers WON'T LIKE
THEM.

rich

[Alan Jones]

On Tue, 29 Jan 2008 18:40:50 -0000, rich hammett

Post by rich hammett
I should write that letter to my bank about my mortgage. Stupid
morons trying to stick to the LETTER of my mortgage contract.
I definitely deserve a 70% discount on my mortgage like this,
and if they fight it, then their other customers WON'T LIKE
THEM.
rich

Tricky Dick Rod's lawyer might refer to this 1.5 offer as a "let's
make a deal" starting point, but WVU should be insulted, infuriated.
I doubt WVU will settle for less than twice that amount.

[Jon Enslin]

Post by Alan Jones
Sources close to the situation said West Virginia officials and
Rodriguez's attorneys are attempting to negotiate an out-of-court
settlement to avoid going to trial.

Well, there ya go.

Jon

[t***@yahoo.com]

Post by Alan Jones
Rodriguez offers to pay portion of buyout
Mark Schlabach, ESPN.com

I would not take anything less than $4mil plus interest and fees, or
whatever a court decides. If he would have owned up to it in the
beginning, I may have considered a reduction, but with all the garbage
that he and his agent have launched, in addition to the file shredding
and the recruiting contacts, I would make him pay all of it plus
interest and any incurred fees.

Further, if there is nobody found to be guilty of the racial
accusation that Brown insinuated, I would sue him outside of this
case. I wouldn't have a problem negotiating up front, but if they
want to play games and come after me, I would return the favor ...
especially when its apparent that they now realize that they have no
water left in their gun.

[Jon Enslin]

Post by t***@yahoo.com

Post by Alan Jones
Rodriguez offers to pay portion of buyout
Mark Schlabach, ESPN.com

I would not take anything less than $4mil plus interest and fees, or
whatever a court decides.  If he would have owned up to it in the
beginning, I may have considered a reduction, but with all the garbage
that he and his agent have launched, in addition to the file shredding
and the recruiting contacts, I would make him pay all of it plus
interest and any incurred fees.
Further, if there is nobody found to be guilty of the racial
accusation that Brown insinuated, I would sue him outside of this
case.  I wouldn't have a problem negotiating up front, but if they
want to play games and come after me, I would return the favor ...
especially when its apparent that they now realize that they have no
water left in their gun.

This is exactly why you don't make people make legal decisions who are
emotionally attached to the situation, but have no risk involved.

What you are advocating is simply terrible advice. WVU knows that you
take the bird in hand v. the two in the bush - you make get as much as
you can, avoid the trial, move on.

Jon

[t***@yahoo.com]

Post by Jon Enslin
This is exactly why you don't make people make legal decisions who are
emotionally attached to the situation, but have no risk involved.

Legally, they have the right to the $4mil unless a court rules
otherwise. No emotion, just the facts.

Post by Jon Enslin
What you are advocating is simply terrible advice. WVU knows that you
take the bird in hand v. the two in the bush - you make get as much as
you can, avoid the trial, move on.

Corrent, and $1.5m is a lowball offer. Even the WVU response was that
he owes $4mil. Again, no emotion, just pay what is due.

If he wants to argue that he somehow owes less, then unemotionally
present the facts as they stand ... he signed and agreed to the $4mil
buyout, he has publicly proclaimed that he was going to attempt to get
out of it, his agent has publicized communications that show that the
contract terms were met, and payment will resolve the situation.

On what grounds would WVU need, or even want, to negotiate? As given
in a prior example, I have no grounds to approach my mortgage company
and ask to reduce what is owed, even if I don't like them, so why
would they budge? And they would surely go after legal fees, etc.

[Jon Enslin]

Post by t***@yahoo.com

Post by Jon Enslin
This is exactly why you don't make people make legal decisions who are
emotionally attached to the situation, but have no risk involved.

Legally, they have the right to the $4mil unless a court rules
otherwise.  No emotion, just the facts.

Post by Jon Enslin
What you are advocating is simply terrible advice.  WVU knows that you
take the bird in hand v. the two in the bush - you make get as much as
you can, avoid the trial, move on.

Corrent, and $1.5m is a lowball offer.  Even the WVU response was that
he owes $4mil.  Again, no emotion, just pay what is due.
If he wants to argue that he somehow owes less, then unemotionally
present the facts as they stand ... he signed and agreed to the $4mil
buyout, he has publicly proclaimed that he was going to attempt to get
out of it, his agent has publicized communications that show that the
contract terms were met, and payment will resolve the situation.
On what grounds would WVU need, or even want, to negotiate?  

Because you never know what will happen when you head to trial. You
never know how RR will spin the contract regarding WVU's end of the
deal. You never know what will come up in testimony. You don't know
what a jury will do. And frankly, you just don't want your University
leadership focused so much on legal matters instead of moving forward.

Post by t***@yahoo.com
As given
in a prior example, I have no grounds to approach my mortgage company
and ask to reduce what is owed, even if I don't like them, so why
would they budge?  

Terrible example. C'mon, you are smarter than that. Mortgages are
pretty cut and dried standardized contracts that don't involve
ambiguous language. A multi-million employee contract is a completely
different, unique type of legal instrument with room to maneuver by
either side.

WVU is doing the smart thing by negotiating. They will eventually
settle for somewhere between $2.5 and $3 million.

Jon

[mianderson]

Post by t***@yahoo.com

Post by Jon Enslin
This is exactly why you don't make people make legal decisions who are
emotionally attached to the situation, but have no risk involved.

Legally, they have the right to the $4mil unless a court rules
otherwise.  No emotion, just the facts.

Post by Jon Enslin
What you are advocating is simply terrible advice.  WVU knows that you
take the bird in hand v. the two in the bush - you make get as much as
you can, avoid the trial, move on.

Corrent, and $1.5m is a lowball offer.  Even the WVU response was that
he owes $4mil.  Again, no emotion, just pay what is due.
If he wants to argue that he somehow owes less, then unemotionally
present the facts as they stand ... he signed and agreed to the $4mil
buyout, he has publicly proclaimed that he was going to attempt to get
out of it, his agent has publicized communications that show that the
contract terms were met, and payment will resolve the situation.
On what grounds would WVU need, or even want, to negotiate?  

Because you never know what will happen when you head to trial.  You
never know how RR will spin the contract regarding WVU's end of the
deal.  You never know what will come up in testimony.  You don't know
what a jury will do.  And frankly, you just don't want your University
leadership focused so much on legal matters instead of moving forward.

Post by t***@yahoo.com
As given
in a prior example, I have no grounds to approach my mortgage company
and ask to reduce what is owed, even if I don't like them, so why
would they budge?  

Terrible example.  C'mon, you are smarter than that.  Mortgages are
pretty cut and dried standardized contracts that don't involve
ambiguous language.

where is the ambiguous language here? From what I've seen, the
contract was pretty straightforward in stating that RR had to
officially notify the university x number of days in advance if he had
issues with WVU not fulfilling their end of the extension........he
didn't. seems pretty cut and dry.


 A multi-million employee contract is a completely

different, unique type of legal instrument with room to maneuver by
either side.
WVU is doing the smart thing by negotiating.  They will eventually
settle for somewhere between $2.5 and $3 million.

which is stupid seeing as how if RR had been fired he would *never*
settle for 2/3 of his buyout money unless he did something which broke
the rules of his end of the contract.

Jon- Hide quoted text -
- Show quoted text -

[Jon Enslin]

Post by t***@yahoo.com

Post by Jon Enslin
This is exactly why you don't make people make legal decisions who are
emotionally attached to the situation, but have no risk involved.

Legally, they have the right to the $4mil unless a court rules
otherwise.  No emotion, just the facts.

Post by Jon Enslin
What you are advocating is simply terrible advice.  WVU knows that you
take the bird in hand v. the two in the bush - you make get as much as
you can, avoid the trial, move on.

Corrent, and $1.5m is a lowball offer.  Even the WVU response was that
he owes $4mil.  Again, no emotion, just pay what is due.
If he wants to argue that he somehow owes less, then unemotionally
present the facts as they stand ... he signed and agreed to the $4mil
buyout, he has publicly proclaimed that he was going to attempt to get
out of it, his agent has publicized communications that show that the
contract terms were met, and payment will resolve the situation.
On what grounds would WVU need, or even want, to negotiate?  

Because you never know what will happen when you head to trial.  You
never know how RR will spin the contract regarding WVU's end of the
deal.  You never know what will come up in testimony.  You don't know
what a jury will do.  And frankly, you just don't want your University
leadership focused so much on legal matters instead of moving forward.

Post by t***@yahoo.com
As given
in a prior example, I have no grounds to approach my mortgage company
and ask to reduce what is owed, even if I don't like them, so why
would they budge?  

Terrible example.  C'mon, you are smarter than that.  Mortgages are
pretty cut and dried standardized contracts that don't involve
ambiguous language.

where is the ambiguous language here?  From what I've seen, the
contract was pretty straightforward in stating that RR had to
officially notify the university x number of days in advance if he had
issues with WVU not fulfilling their end of the extension........he
didn't.  seems pretty cut and dry.
  A multi-million employee contract is a completely

different, unique type of legal instrument with room to maneuver by
either side.
WVU is doing the smart thing by negotiating.  They will eventually
settle for somewhere between $2.5 and $3 million.

which is stupid seeing as how if RR had been fired he would *never*
settle for 2/3 of his buyout money unless he did something which broke
the rules of his end of the contract.

Just mark my words. WVU knows what it is doing and they are doing the
right thing.

Jon

[lein]

Post by mianderson

Post by Jon Enslin

Post by t***@yahoo.com

Post by Jon Enslin
This is exactly why you don't make people make legal decisions who are
emotionally attached to the situation, but have no risk involved.

Legally, they have the right to the $4mil unless a court rules
otherwise. No emotion, just the facts.

Post by Jon Enslin
What you are advocating is simply terrible advice. WVU knows that you
take the bird in hand v. the two in the bush - you make get as much as
you can, avoid the trial, move on.

Corrent, and $1.5m is a lowball offer. Even the WVU response was that
he owes $4mil. Again, no emotion, just pay what is due.
If he wants to argue that he somehow owes less, then unemotionally
present the facts as they stand ... he signed and agreed to the $4mil
buyout, he has publicly proclaimed that he was going to attempt to get
out of it, his agent has publicized communications that show that the
contract terms were met, and payment will resolve the situation.
On what grounds would WVU need, or even want, to negotiate?

Because you never know what will happen when you head to trial. You
never know how RR will spin the contract regarding WVU's end of the
deal. You never know what will come up in testimony. You don't know
what a jury will do. And frankly, you just don't want your University
leadership focused so much on legal matters instead of moving forward.

Post by t***@yahoo.com
As given
in a prior example, I have no grounds to approach my mortgage company
and ask to reduce what is owed, even if I don't like them, so why
would they budge?

Terrible example. C'mon, you are smarter than that. Mortgages are
pretty cut and dried standardized contracts that don't involve
ambiguous language.

where is the ambiguous language here? From what I've seen, the
contract was pretty straightforward in stating that RR had to
officially notify the university x number of days in advance if he had
issues with WVU not fulfilling their end of the extension........he
didn't. seems pretty cut and dry.
A multi-million employee contract is a completely

Post by Jon Enslin
different, unique type of legal instrument with room to maneuver by
either side.
WVU is doing the smart thing by negotiating. They will eventually
settle for somewhere between $2.5 and $3 million.

which is stupid seeing as how if RR had been fired he would *never*
settle for 2/3 of his buyout money unless he did something which broke
the rules of his end of the contract.

How about $2.5 million and Michigan has to play a game at Morganstown
this season with no return visit?

[t***@yahoo.com]

Post by lein
How about $2.5 million and Michigan has to play a game at Morganstown
this season with no return visit?

I'd take $3mil and a game at Michigan, where WVU gets the "home"
receipts and UM gets the $400k they paid ASU last year.

Actually, I've always wanted to see WV play Michigan (esp. since we've
played OSU before), but thought it was more likely when Nehlen was the
coach given his ties to the school.

[lein]

Post by t***@yahoo.com

Post by lein
How about $2.5 million and Michigan has to play a game at Morganstown
this season with no return visit?

I'd take $3mil and a game at Michigan, where WVU gets the "home"
receipts and UM gets the $400k they paid ASU last year.
Actually, I've always wanted to see WV play Michigan (esp. since we've
played OSU before), but thought it was more likely when Nehlen was the
coach given his ties to the school.

Naa, I want the game at WVU, with the WVU students sitting behind the
UM bench. Make it a night game to boot and replace all the bleachers
in the stadium with couches.

[Jaybyrd]

Post by t***@yahoo.com

Post by Jon Enslin
This is exactly why you don't make people make legal decisions who are
emotionally attached to the situation, but have no risk involved.

Legally, they have the right to the $4mil unless a court rules
otherwise.  No emotion, just the facts.

Post by Jon Enslin
What you are advocating is simply terrible advice.  WVU knows that you
take the bird in hand v. the two in the bush - you make get as much as
you can, avoid the trial, move on.

Corrent, and $1.5m is a lowball offer.  Even the WVU response was that
he owes $4mil.  Again, no emotion, just pay what is due.
If he wants to argue that he somehow owes less, then unemotionally
present the facts as they stand ... he signed and agreed to the $4mil
buyout, he has publicly proclaimed that he was going to attempt to get
out of it, his agent has publicized communications that show that the
contract terms were met, and payment will resolve the situation.
On what grounds would WVU need, or even want, to negotiate?

Because you never know what will happen when you head to trial.  You
never know how RR will spin the contract regarding WVU's end of the
deal.  You never know what will come up in testimony.  You don't know
what a jury will do.  And frankly, you just don't want your University
leadership focused so much on legal matters instead of moving forward.

Post by t***@yahoo.com
As given
in a prior example, I have no grounds to approach my mortgage company
and ask to reduce what is owed, even if I don't like them, so why
would they budge?

Terrible example.  C'mon, you are smarter than that.  Mortgages are
pretty cut and dried standardized contracts that don't involve
ambiguous language.

where is the ambiguous language here?  From what I've seen, the
contract was pretty straightforward in stating that RR had to
officially notify the university x number of days in advance if he had
issues with WVU not fulfilling their end of the extension........he
didn't.  seems pretty cut and dry.
  A multi-million employee contract is a completely

different, unique type of legal instrument with room to maneuver by
either side.
WVU is doing the smart thing by negotiating.  They will eventually
settle for somewhere between $2.5 and $3 million.

which is stupid seeing as how if RR had been fired he would *never*
settle for 2/3 of his buyout money unless he did something which broke
the rules of his end of the contract.

How about $2.5 million and Michigan has to play a game at  Morganstown
this season with no return visit?-

They need to wait at least 10 years before they'll ever play any team
with the name "mountaineers" again

[t***@yahoo.com]

Post by Jon Enslin
Because you never know what will happen when you head to trial. You
never know how RR will spin the contract regarding WVU's end of the
deal. You never know what will come up in testimony. You don't know
what a jury will do. And frankly, you just don't want your University
leadership focused so much on legal matters instead of moving forward.

You are correct in that I am not a contract lawyer, but I would hope
that WVU has a staff to handle such matters, especially given their
issue with Beilein the prior year. However, given the shots fired to
date, I don't believe that RR has much of a leg to stand on at this
point which is why he's offering to settle (it's either brought on my
himself, or he's beginning to get pressure from UM). Since he's
declined offers from UM boosters (allegedly) to pay the bill, then he
apparently felt at one time that he could win outright or be given a
"default" discount.

As for the court battle, I don't need the University leadership in the
battle, just the legal team. Garrison wasn't even in power when RR
signed and obviously Brown was trying to go around the AD, so there's
not much of the current administration to be involved.

Post by Jon Enslin
Terrible example. C'mon, you are smarter than that. Mortgages are
pretty cut and dried standardized contracts that don't involve
ambiguous language. A multi-million employee contract is a completely
different, unique type of legal instrument with room to maneuver by
either side.

I would have conceded this in general terms about 2 months ago.
However, based on the accusations and released press material about
the contract from RR's camp, there is nothing that has been presented
that would indicate that this wasn't cut-and-dried. It's not like
this was a contract drawn up years ago and he went quietly. It was
just signed and he made deliberate motions to undermine the university
and it's football program since his meeting with Michigan.

Post by Jon Enslin
WVU is doing the smart thing by negotiating. They will eventually
settle for somewhere between $2.5 and $3 million.

I would hope that it's at the very least, $3mil plus fees and
interest, given the damage done to the program.

[Chris Mihos]

Post by Jon Enslin

Post by t***@yahoo.com

Post by Jon Enslin
This is exactly why you don't make people make legal decisions who are
emotionally attached to the situation, but have no risk involved.

Legally, they have the right to the $4mil unless a court rules
otherwise. No emotion, just the facts.

Post by Jon Enslin
What you are advocating is simply terrible advice. WVU knows that you
take the bird in hand v. the two in the bush - you make get as much as
you can, avoid the trial, move on.

Corrent, and $1.5m is a lowball offer. Even the WVU response was that
he owes $4mil. Again, no emotion, just pay what is due.
If he wants to argue that he somehow owes less, then unemotionally
present the facts as they stand ... he signed and agreed to the $4mil
buyout, he has publicly proclaimed that he was going to attempt to get
out of it, his agent has publicized communications that show that the
contract terms were met, and payment will resolve the situation.
On what grounds would WVU need, or even want, to negotiate?

Because you never know what will happen when you head to trial. You
never know how RR will spin the contract regarding WVU's end of the
deal. You never know what will come up in testimony. You don't know
what a jury will do. And frankly, you just don't want your University
leadership focused so much on legal matters instead of moving forward.

Post by t***@yahoo.com
As given
in a prior example, I have no grounds to approach my mortgage company
and ask to reduce what is owed, even if I don't like them, so why
would they budge?

Terrible example. C'mon, you are smarter than that. Mortgages are
pretty cut and dried standardized contracts that don't involve
ambiguous language. A multi-million employee contract is a completely
different, unique type of legal instrument with room to maneuver by
either side.

Well, I guess even more to the point, it is not unheard of for
mortgage companies to renegotiate the terms of a mortgage if the
homeowner is about to go into foreclosure. They budge on this because
they would rather have the income, even if it's smaller than
originally agreed upon, than have to deal with a foreclosure.

[t***@yahoo.com]

Post by Chris Mihos
Well, I guess even more to the point, it is not unheard of for
mortgage companies to renegotiate the terms of a mortgage if the
homeowner is about to go into foreclosure. They budge on this because
they would rather have the income, even if it's smaller than
originally agreed upon, than have to deal with a foreclosure.

Agreed ... but RR is not taking a pay cut, nor has he lost his
employment status. I don't think that I could renegotiate if I simply
changed jobs.

[John Rogers]

Jon Enslin <***@charter.net>. we live in a world that has walls,
and those walls have to be guarded by men with guns. Whose gonna do

Post by Jon Enslin

Post by t***@yahoo.com

Post by Jon Enslin
This is exactly why you don't make people make legal decisions who are
emotionally attached to the situation, but have no risk involved.

Legally, they have the right to the $4mil unless a court rules
otherwise.  No emotion, just the facts.

Post by Jon Enslin
What you are advocating is simply terrible advice.  WVU knows that you
take the bird in hand v. the two in the bush - you make get as much as
you can, avoid the trial, move on.

Corrent, and $1.5m is a lowball offer.  Even the WVU response was that
he owes $4mil.  Again, no emotion, just pay what is due.
If he wants to argue that he somehow owes less, then unemotionally
present the facts as they stand ... he signed and agreed to the $4mil
buyout, he has publicly proclaimed that he was going to attempt to get
out of it, his agent has publicized communications that show that the
contract terms were met, and payment will resolve the situation.
On what grounds would WVU need, or even want, to negotiate?  

Because you never know what will happen when you head to trial.

Well, at this point if it goes to trial, it would seem that the
minimum WVU would get would be $1.5 million since Dick Rod and his
lawyers have basically said quite loudly "Hey! We owe $1.5 million!"


John Rogers
AU Class of 1985
The Al Del Greco of Atlanta

"All that remains is the faces and the names
Of the wives and the sons and the daughters."

[mianderson]

Post by Jon Enslin

Post by t***@yahoo.com

Post by Alan Jones
Rodriguez offers to pay portion of buyout
Mark Schlabach, ESPN.com

I would not take anything less than $4mil plus interest and fees, or
whatever a court decides.  If he would have owned up to it in the
beginning, I may have considered a reduction, but with all the garbage
that he and his agent have launched, in addition to the file shredding
and the recruiting contacts, I would make him pay all of it plus
interest and any incurred fees.
Further, if there is nobody found to be guilty of the racial
accusation that Brown insinuated, I would sue him outside of this
case.  I wouldn't have a problem negotiating up front, but if they
want to play games and come after me, I would return the favor ...
especially when its apparent that they now realize that they have no
water left in their gun.

This is exactly why you don't make people make legal decisions who are
emotionally attached to the situation, but have no risk involved.
What you are advocating is simply terrible advice.  WVU knows that you
take the bird in hand v. the two in the bush

if the two birds in the bush are laying their dead and they have just
been killed from your shotgun blast and there isn't another predator
around to snatch them up........I'd much prefer walking over there and
getting both of them.

Now if i don't have > 95% chance of safely salvaging both birds, I
might settle for one.

Besides, if your argument was valid, why do coaches almost *never*
accept less than the buyout(unless the circumstances of their
dismissal were shady). heck Pete Gillam got a NINE million dollar
buyout from UVA......why didn't UVA try to shake him down for 3 or 4
mill hoping he would "take the one bird in hand".

If WVU settles for less than 3.5-3.75 or so, they'll just look weak.
Well they already look weak; they'll just look even weaker.

[Alan Jones]

Post by t***@yahoo.com

Post by Alan Jones
Rodriguez offers to pay portion of buyout
Mark Schlabach, ESPN.com

I would not take anything less than $4mil plus interest and fees, or
whatever a court decides. If he would have owned up to it in the
beginning, I may have considered a reduction, but with all the garbage
that he and his agent have launched, in addition to the file shredding
and the recruiting contacts, I would make him pay all of it plus
interest and any incurred fees.
Further, if there is nobody found to be guilty of the racial
accusation that Brown insinuated, I would sue him outside of this
case. I wouldn't have a problem negotiating up front, but if they
want to play games and come after me, I would return the favor ...
especially when its apparent that they now realize that they have no
water left in their gun.

I agree. Things would be different had RR not played dirty,
especially the racism charges. They did that because Stew had
trouble in that area in the past. It's really a low blow and totally
uncalled for.

So Tricky Dick Rod shredded documents he claims were his, so he used
his WVU cell phone to recruit against the school; none of that was
nearly as bad as false racism accusations and claiming Pastilong
forced him to sign the contract. (rolls eyes) RR has screwed himself
over more than WVU has.

[Alan Jones]

RR's attorney is d.. de... with a capital D, DELUSIONAL! I mean this
guy is living in fantasy land...
___

WVU says 1.5 million simply won't do
Vicky Smith, Associated Press

MORGANTOWN - West Virginia says Rich Rodriguez owes $4 million for
breaking his contract and moving on to Michigan. At most, Rodriguez
countered Tuesday, it's $1.5 million.

Ultimately, a judge will decide who's right.

In a move his legal team calls a gesture of good faith, not an offer
to settle, the former WVU football coach filed a $1.5 million letter
of credit with the U.S. District Court in Clarksburg.

Rodriguez and his attorneys claim that's the maximum he could owe
under his interpretation of the contract - an amount spelled out in
a "maximum liquidated damages provision" that Rodriguez says was in
effect when he resigned Dec. 18.

WVU attorney Jeff Wakefield, however, says the contract is clear:
"The amount owed by Mr. Rodriguez under the terms of the contract in
effect at the time of his resignation is $4 million."

Nor are the two sides engaged in discussions to settle, Wakefield
said.

The letter of credit, good for 90 days, was submitted "in the spirit
of compromise and as an act of good faith" to assure WVU he will pay
up if the court orders an award, the filing said.

"Coach Rodriguez is a responsible person," his agent Mike Brown said
in a statement. "This is a good faith effort to move the process and
communication lines forward so all parties can concentrate on their
future endeavors."

Rodriguez attorney Marv Robon told The Associated Press his client
has a strong case, but the negative publicity surrounding him and
both universities prompted a public declaration that he won't dodge
any legal obligations.

"We decided we want to show the court, more than anybody else, that
we are acting responsibly, that we are acting in good faith," Robon
said. "We're not saying we owe it. We're trying to say that Rich is
a very honorable man, and he and (wife) Rita will pay any
obligations that anyone finds they're due."

Rodriguez claimed WVU failed to honor verbal promises, including
that his buyout might be eliminated. WVU denied such a promise was
made, and sued Rodriguez for breach of contract Dec. 27.

The resignation, which came a year after Rodriguez pledged to remain
in West Virginia for as long as the state would have him, touched
off a bitter and ongoing public dispute in which each side has
accused the other of breaching terms of the contract.

The gradual disintegration of the relationship between Rodriguez and
the WVU Athletic Department was documented in a series of e-mails
written over a five-month period and released to The Associated
Press under the West Virginia Freedom of Information Act.

They show Brown fighting to get his client more operational and
marketing control over the football program. They also show Brown
threatening to take his client elsewhere as early as mid-November.

Robon said the courts will decide which provisions of Rodriguez's
contract were in effect at the time he quit and how much, if
anything, he should pay WVU.

For WVU to win the full $4 million, he said, Rodriguez would have to
lose every element of the arguments he will make when his official
response to the lawsuit is filed. The deadline is Feb. 4.

"The court would have to find there were no promises made, that the
university didn't breach the promises, that the coach didn't rely on
them," he said. "That's not likely to happen."

It's possible, Robon argued, the court could find that Rodriguez was
the party most harmed and therefore entitled to damages.

WVU, meanwhile, filed a motion late Tuesday seeking the right to
obtain depositions from Rich and Rita Rodriguez in an attempt to
prove they were still West Virginia residents on the day he was
sued.

WVU wants the federal lawsuit sent back to Monongalia County Circuit
Court, where it originated, because it claims Rodriguez was not yet
a Michigan resident on Dec. 27.

The motion says his family is still living in their Morgantown home
and that his children attend West Virginia schools, so his case
should be heard in a West Virginia court.

The motion also notes that a Jan. 10 letter Rodriguez sent the
university, expanding on his reasons for resigning, listed the
Morgantown home as his return address.

http://www.dailymail.com/Sports/WVUSports/200801290531

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